The Hon'ble Court permitted the applicant to move an application for discharge in the underlying criminal case and directed that no coercive measures be adopted against the applicant until the discharge application is disposed of.
Applicant permitted to apply for discharge; no coercive measures against applicant pending disposal of discharge application.
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Court No. - 76
Case :- APPLICATION U/S 482 No. - 43550 of 2019
Applicant :- Miter Sain Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Nipun Singh Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Supplementary affidavit has been filed on behalf of the applicant in Court today is taken on record.
Heard Sri Nipun Singh, learned counsel for the applicant and learned A.G.A for the State.
The present application under Section 482 Cr.P.C. has been filed with a prayer to quash the charge sheet dated 06.03.2019 in the entire proceedings of Case No. 24010 of 2016, arising out of Case Crime No. 379 of 2015, under Sections 419, 420, 467, 468, 471, 120B and 34 of I.P.C., P.S. Sector - 39, Noida, District- Gautam Budh Nagar, pending the court of Chief Judicial Magistrate, Gautam Budh Nagar.
It has been submitted by the learned counsel for the applicant that dispute is in respect to Plot No. A-26, Sector-41, Noida, Gautam Budh Nagar having an area of 180 square meters land, which was earlier under the ownership and in possession of one Khursheed Amin, who got the lease deed executed in her favour by Noida Authority on 17.07.1991.
The aforesaid property was allotted in the name of Khursheed Amin by Noida Authority on 22.06.1991 and Khursheed Amin after raising some construction got the completion certificate issued by the Noida Authority in the year 1996, whereafter, her name was duly mutated in the records of Noida Authority. Khursheed Amin transferred the aforesaid land in favour of opposite party no. 2 for sale consideration of Rs. 1,14,75,000/which was registered on 15.01.2015. On the basis of the aforesaid transfer sale deed, the name of the opposite party no. 2 and his wife was mutated in the revenue records of Noida Authority on 25.03.2015. After due verification made by Noida Authority, it appears that one Sunil Mehta tried to interfere in the peaceful possession of the opposite party no. 2 and his wife over the said plot in possession on the ground that he had got the title of the said plot and fraud has been committed by the applicant and few others upon the opposite party no. 2. Coming to know about the fraud being committed by the applicant, the present F.I.R. has been lodged. The matter was duly
investigated and the applicant is the property dealer and played an instrumental role in arranging the meeting of the opposite party no. 2 with Khursheed Amin for getting the sale deed of the property in question executed in favour of opposite party no. 2, who was also held responsible for the fraud being committed by the applicant and others. After recording the statements of several persons, charge-sheet has been submitted.
It has been submitted by the learned counsel for the applicant that the applicant is simply a property dealer and after showing the original documents of the property in question, the said sale deed was executed by Rasheed Amin in favour of opposite party no. 2 and his wife. He has further stated that even he has been cheated by other persons to tell him about the ownership of the land, hence, no offence is made out against the applicant.
In view of the facts and circumstances stated above, it is directed that the applicant is permitted to appear before the concerned court and move an application claiming discharge. The concerned court below after hearing application on merits, in accordance with law, will decide the same within two months from the date of production of certified copy of this order.
No coercive measures shall be adopted against the applicant till the disposal of the discharge application.
With the aforesaid observation, this application stands disposed of.
Order Date :- 16.12.2019 Priya
1 issue framed by the court
Whether to quash the charge sheet in proceedings arising from alleged fraud regarding property sale.
2 provisions across 2 enactments
Miter Sain
State Of U.P.
Manju Rani Chauhan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
